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DIXON TICONDEROGA CO. v. U.S. CUSTOMS AND BORDER PROT.

Slip Op. 05-46, Court No. 04-00027.

366 F.Supp.2d 1352 (2005)

DIXON TICONDEROGA COMPANY, Plaintiff, v. UNITED STATES CUSTOMS AND BORDER PROTECTION and Robert C. Bonner, Defendants.

United States Court of International Trade.

April 4, 2005.

Attorney(s) appearing for the Case

Gray Robinson, P.A. (A. Anthony Giovanoli), Guy S. Haggard, New York City, for Plaintiff.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director, (David S. Silverbrand), Trial Attorney, U.S. Department of Justice, Civil Division, Commercial Litigation Branch; Charles Steuart, Office of Chief Counsel, United States Customs & Border Protection, for Defendant, of counsel.

OPINION

BARZILAY, Judge.

Plaintiff, Dixon Ticonderoga Company ("Dixon"), seeks review of a decision by Defendant, United States Customs and Border Protection of the Department of Homeland Security ("Customs" or "the Government") to deny its application to receive its share of assessed Chinese pencil anti-dumping duties for fiscal year 2003. Customs denied Dixon's application because it was filed late, and Dixon argues that this decision was arbitrary and...

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